Rant (Public road closed on private land)

[rogerdoger]

State and county law have zero authority on BLM and USFS.

Unfortunately, a LO can close off public access if there is another way to access the public ground, either by foot/pack animal or driving around.

Not necassarily true, if the road they are using has any type of public easment, county maintanance, or historical use it can't be closed. Below is a good read for Monatna.

Public Road Laws — Public Land Water Access Association

www.plwa.org

 

[wytx]

State and county law have zero authority on BLM and USFS.

Unfortunately, a LO can close off public access if there is another way to access the public ground, either by foot/pack animal or driving around.

Odd, then why did the Sheriff show up for a camping spot dispute one year on the NF ? They handled the dispute when shots were fired.

 

[WCB]

I cut a "gate" on a section line in ND. Section line road went a little over a mile off the HWY. Different land owner on each side and were posted. Fine. Towards the end of it, it takes a turn to the right on another section line and on the left side there is Natl Grasslands. About 100yds before the turn a rancher extended sheep fencing from the two fence lines on either side of the section line across the section two track. Quick work with the ole bolt cutters allowed my access and took enough off he would have to get another panel to connect the two sides.

 

[roadrunner]

Not necassarily true, if the road they are using has any type of public easment, county maintanance, or historical use it can't be closed.

You're blending a few scenarios together as one when they aren't. An easement is a binding and legal document. Same with county maintenance. A traditional access road can certainly be closed if the other two conditions aren't met, regardless if that access has been used for 3 or 4 generations.

When in dispute, it wouldn't go to a municipal court...

Odd, then why did the Sheriff show up for a camping spot dispute one year on the NF ? They handled the dispute when shots were fired.

The sheriff showed up because of an emergency response and was able to do so, but only because there is an interagency agreement with USFS law enforcement.

This has nothing to do with a state or county telling a landowner they have to keep a road open on surface they have zero jurisdiction over.

 

[nodakian]

I cut a "gate" on a section line in ND. Section line road went a little over a mile off the HWY. Different land owner on each side and were posted. Fine. Towards the end of it, it takes a turn to the right on another section line and on the left side there is Natl Grasslands. About 100yds before the turn a rancher extended sheep fencing from the two fence lines on either side of the section line across the section two track. Quick work with the ole bolt cutters allowed my access and took enough off he would have to get another panel to connect the two sides.

We are so lucky to have the section line easement law in ND. It really reduces access disputes. In fact, blocking physical access along section lines is generally illegal, and the county commissioners and/or sheriff are supposed to enforce the law.

In your situation, the blocker may be lucky you removed the fence rather than the sheriff or road department. They may have issued a fine.

 

[Deerhunter6250]

Likely not, 'we' fought a 15 year battle to open public land blocked by High Lonesome Ranch.

What is the statis on that fight now?

 

[mt terry d]

Likely not, 'we' fought a 15 year battle to open public land blocked by High Lonesome Ranch.

Pinedale, WY area?

 

[Phaseolus]

Pinedale, WY area?

Mesa County, Western Colorado

 

[Phaseolus]

What is the statis on that fight now?

I haven't been up there since last spring but at that time the gate was open. The last battle in court was won by the Public, given High Lonesome's deep pockets and history it wouldn't surprise me if the gate gets locked for rifle seasons.

 

[Deerhunter6250]

I haven't been up there since last spring but at that time the gate was open. The last battle in court was won by the Public, given High Lonesome's deep pockets and history it wouldn't surprise me if the gate gets locked for rifle seasons.

Thanks I haven't been up there in a few years and lost track of the fight.